California OAH special education order · September 24, 2013
Order of Determination of Sufficiency of Due Process Complaint as to the Antelope Valley Union High School District
OAH Case No. 2013090256 · ALJ Robert Helfand
OAH found Student's complaint insufficient as to Antelope Valley Union High School District because both claims targeted only LACOE, which educated Student at the juvenile hall court school.
Summary
Student filed a due process complaint naming both the District and the Los Angeles County Office of Education (LACOE), and the District challenged it with a notice of insufficiency. Student's two issues alleged that LACOE denied a FAPE by refusing a residential treatment center placement and by offering inadequate services while Student attended LACOE's juvenile court school. OAH found the complaint insufficient as to the District because it made no allegations against the District, which was not the agency educating Student during his incarceration. Student was given 14 days to amend, and the case continues against LACOE only.
Why it matters
A complaint must state specific claims and facts against each agency it names. Simply listing a district as a respondent, without alleging what that district did wrong, will not keep it in the case.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(D)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Ed. Code § 56502
- 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006)
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013090256
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
ANTELOPE VALLEY UNION HIGH COMPLAINT AS TO THE ANTELOPE
SCHOOL DISTRICT AND LOS ANGELES VALLEY UNION HIGH SCHOOL
COUNTY OFFICE OF EDUCATION. DISTRICT
On September 09, 2013 Parent on behalf of Student (Student) filed with the Office of Administrative Hearings (OAH) a Due Process Hearing Request 1 (complaint) naming the Antelope Valley Union High School District (District) and the Los Angeles County Office of Education (LACOE) as respondents. On September 20, 2013, LACOE filed with OAH a response to the complaint.
On September 20, 2013, the District filed a Notice of Insufficiency (NOI) as to Student’s complaint.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 2 The party filing the complaint is not entitled to a hearing unless the complaint meets the requirements of Title 20 United States Code section 1415(b)(7)(A).
A complaint is sufficient if it contains: (1) a description of the nature of the problem of the child relating to the proposed initiation or change concerning the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education (FAPE) to the child; (2) facts relating to the problem; and (3) a proposed 1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under Title 20 United States Code section 1415(b)(7)(A).
2 20 U.S.C. § 1415(b) & (c).
resolution of the problem to the extent known and available to the party at the time. 3 These requirements prevent vague and confusing complaints, and promote fairness by providing the named parties with sufficient information to know how to prepare for the hearing and how to participate in resolution sessions and mediation. 4 The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” 5 The pleading requirements should be liberally construed in light of the broad remedial purposes of the IDEA and the relative informality of the due process hearings it authorizes. 6 Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. 7
DISCUSSION
Student’s complaint alleges two claims, which are both insufficiently pled as to the District as discussed below.
Student alleges that Student is a 16 year old who resides within the borders of the District and attended a District school until being incarcerated in Juvenile Hall in May 2013.
Since his incarceration, he has attended the juvenile court school operated by LACOE.
Student attempted suicide in June 2013.
In Issue One, Student alleges as follows: Whether LACOE has failed to offer a free appropriate public education (FAPE) when it refused to place Student in a residential treatment center (RTC) as recommended by its own assessor and by the independent education evaluator? 3 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
4 See, H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.
5 Sen. Rep. No. 108-185, supra, at p. 34.
6 Alexandra R. v. Brookline School Dist. (D.N.H., Sept. 10, 2009, No. 06-cv-0215- JL) 2009 WL 2957991 at p.3 [nonpub. opn.]; Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F. Supp.2d 1248, 1259-1260; Sammons v. Polk County School Bd.
(M.D. Fla., Oct. 28, 2005, No. 8:04CV2657T24EAJ) 2005 WL 2850076 at p. 3[nonpub.
opn.] ; but cf. M.S.-G. v. Lenape Regional High School Dist. (3d Cir. 2009) 306 Fed.Appx.
772, at p. 3[nonpub. opn.].
7 Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities, 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006).
In Issue Two, Student alleges: “Whether the offer of FAPE made to [Student] by LACOE during the 2012-2013 school year (when he was enrolled in the LACOE court school) offered appropriate services (besides placement offered) to address [Student’s] unique educational needs?” (Amendment to Due Process Complaint, p. 4.)
Student’s complaint is insufficiently pled as to the District since Student has made no allegations as to the District since LACOE was the local education agency (LEA) providing Student his education because of his incarceration at Juvenile Hall. Student fails to make any claim against the District.
ORDER
1. Student’s complaint is insufficiently pled as to the Antelope Union High
School District under section Title 20 United States Code 1415(c)(2)(D).
2. Student shall be permitted to file an amended complaint under Title 20 United
States Code section 1415(c)(2)(E)(i)(II). 8
3. The amended complaint shall comply with the requirements of Title 20 United
States Code section 1415(b)(7)(A)(ii), and shall be filed not later than 14 days from the date of this order.
4. The matter will proceed as scheduled against the Los Angeles County Office
of Education only.
Dated: September 24, 2013 /s/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings 8 The filing of an amended complaint will restart the applicable timelines for a due process hearing.